(1 of 3)
As from September 8, 2020, the following are imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Patrick Wing Nin Yau
in accordance with an undertaking and consent given by Dr. Yau to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. PATRICK WING NIN YAU
("Dr. Yau")
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the "College")
A. PREAMBLE
(1) In this Undertaking:
"Code" means the Health Professions Procedural Code, which is Schedule 2
to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
amended;
"Discipline Committee" means the Discipline Committee of the College;
"ICR Committee" means the Inquiries, Complaints and Reports Committee of
the College;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Yau, certificate of registration number 66515, am a member of the
College.
(3) I, Dr. Yau, acknowledge that the College referred allegations of
professional misconduct to the Discipline Committee in a Notice of
Hearing dated September 27, 2019.
(4) I, Dr. Yau, acknowledge that, after the College receives an original copy
of this Undertaking as signed by me, the College with withdraw the Notice
of Hearing.
B. UNDERTAKING
(5) I, Dr. Yau, undertake to abide by the provisions of this Undertaking,
effective immediately.
(6) Practice Restrictions
(a) I, Dr. Yau, undertake that I will not practice medicine at any
hospital in any jurisdiction until each of the following conditions
have been met:
(i) I provide a minimum of forty-five (45) days' notice to the
College of my intent to return to the practice of medicine in
a hospital setting;
(ii) I provide the College with proof that I am participating in a
program of continuing professional development that meets the
requirements for continuing professional development of the
Royal College of Physicians and Surgeons of Canada, the
College of Family Physicians of Canada, or an organization
that has been approved by the College for that purpose that
meets the requirements for continuing professional
development set by the Royal College of Physicians and
Surgeons of Canada or the College of Family Physicians of
Canada; and
(iii) The ICR Committee approves my return to the practice of
medicine in a hospital setting.
(7) I, Dr. Yau, acknowledge that in considering my request to return to
hospital-based practice, the ICR Committee may, among other things:
(a) request that I agree to specified terms, limitations or conditions
being placed upon my certificate of registration;
(b) require that I engage in a further remediation plan approved by the
College which may include high level supervision in which I am not
the Most Responsible Physician; and
(c) request that I enter into an appropriate assessment and/or
monitoring agreement with the College.
(8) Professional Education
(a) I, Dr. Yau, undertake to participate in and successfully complete
all aspects of the detailed IEP, attached hereto as Appendix "A",
including all of the following professional education (the
"Professional Education"):
(i) Review, reflection and a written summary of the following
documents:
1. CMA's Code of Ethics;
2. CPSO's Good Practice Guide.
(ii) individualized instruction in professionalism satisfactory to
the College, with an instructor selected by the College; and
(iii) coaching with a general surgeon approved by the College,
which coaching shall include discussion around clinical
decision-making and the responsibilities of surgeons to their
patients before and after surgical procedures.
(b) I, Dr. Yau, undertake to provide proof to the College of my
successful completion of the Professional Education, within one (1)
month of completing it. I acknowledge that the College will
determine, in its sole discretion, whether I have successfully
completed the Professional Education.
(c) I, Dr. Yau, undertake to complete this requirement within three (3)
months.
(d) I, Dr. Yau, acknowledge that a report or reports may be provided to
the College regarding my progress and compliance with the
Professional Education.
(9) Monitoring
(a) I, Dr. Yau, undertake to inform the College of each and every
location at which I practise or have privileges, including, but not
limited to, any clinics, offices, and any Independent Health
Facilities with which I am affiliated, in any jurisdiction
(collectively my "Practice Location" or "Practice Locations"),
within five (5) days of executing this Undertaking. Going forward,
I further undertake to inform the College of any and all new
Practice Locations within five (5) days of commencing practice at
that location.
(b) I, Dr. Yau, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Locations and patient
records by a College representative for the purposes of monitoring
my compliance with the provisions of this Undertaking.
C. ACKNOWLEDGEMENT
(10) I, Dr. Yau, acknowledge that all appendices attached to or referred to in
this Undertaking form part of this Undertaking.
(11) I, Dr. Yau, acknowledge and undertake that I shall be solely responsible
for payment of all fees, costs, charges, expenses, etc. arising from the
implementation of any of the provisions of this Undertaking.
(12) I, Dr. Yau, acknowledge that I have read and understand the provisions of
this Undertaking and that I have obtained independent legal counsel in
reviewing and executing this Undertaking, or have waived my right to do
so.
(13) I, Dr. Yau, acknowledge that the College will provide this Undertaking to
any Chief of Staff, or a colleague with similar responsibilities, at any
Practice Location ("Chief of Staff" or "Chiefs of Staff").
(14) I, Dr. Yau, acknowledge that a breach by me of any provision of this
Undertaking may constitute an act of professional misconduct and/or
incompetence, and may result in a referral of specified allegations to
the Discipline Committee of the College.
(15) I, Dr. Yau, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(16) Public Register
(a) I, Dr. Yau, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Yau, acknowledge that, in addition to this Undertaking being
posted in accordance with section (14)(a) above, the following
summary shall be posted on the Public Register during the time
period that this Undertaking remains in effect:
Dr. Yau was referred to the Discipline Committee on
allegations of professional misconduct. In exchange for Dr.
Yau's agreement to the restrictions and remediation below,
the College withdrew the Notice of Hearing.
Dr. Yau will not engage in any hospital-based medicine until
certain conditions are met.
Dr. Yau will engage in professional education in
professionalism and surgical decision making and
responsibilities.
D. CONSENT
(17) I, Dr. Yau, give my irrevocable consent to the College to make
appropriate enquiries of OHIP and/or any person who or institution that
may have relevant information, in order for the College to monitor my
compliance with the provisions of this Undertaking.
(18) I, Dr. Yau, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "B" and that the consent forms part of this
Undertaking.
(19) I, Dr. Yau, give my irrevocable consent to the College to provide the
following information to any person who requires this information for the
purposes of facilitating my completion of the Professional Education:
(a) any information the College has that led to the circumstances of my
entering into this Undertaking;
(b) any information arising from any investigation into, or assessment
of, my practice; and
(c) any information arising from the monitoring of my compliance with
this Undertaking.
(20) I, Dr. Yau, give my irrevocable consent to any persons who facilitate my
completion of the Professional Education, and to all Chiefs of Staff, to
disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant for the purposes of monitoring my
compliance with this Undertaking;
(c) any information which comes to their attention in the course of
providing the Professional Education and which they reasonably
believe indicates a potential risk of harm to my patients.
(2 of 3)
As from February 12, 2019, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Patrick Wing Nin Yau,
in accordance with an undertaking and consent given by Dr. Yau to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. PATRICK WING NIN YAU
("Dr. Yau")
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the "College")
A. PREAMBLE
(1) In this Undertaking:
"Code" means the Health Professions Procedural Code, which is Schedule 2
to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
amended;
"Discipline Committee" means the Discipline Committee of the College;
"ICRC" means the Inquiries, Complaints and Reports Committee of the
College;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
"SCERP" means a Specified Continuing Education or Remediation Program
(2) I, Dr. Yau, certificate of registration number 66515, am a member of the
College.
(3) I, Dr. Yau, acknowledge that, under the terms of a SCERP ordered by the
ICRC on October 11, 2013, (File #240159), I underwent remediation and was
to submit to a reassessment of my practice.
(4) I, Dr. Yau, acknowledge that after the College receives an original copy
of this Undertaking as signed by me, the reassessment of my practice
referred to in the preceding paragraph will be deferred as described
further below.
B. UNDERTAKING
(5) I, Dr. Yau, undertake to abide by the provisions of this Undertaking,
effective immediately.
(6) Practice Restrictions
(a) I, Dr. Yau, undertake that I will not engage in any of the
following areas of practice:
(i) I will not perform any Laparoscopic Adjustable Gastric
Banding procedures (LAGB).
(b) I, Dr. Yau, undertake that:
(i) I will provide a minimum of one hundred and twenty (120)
days' notice to the College of my intent to resume LAGB
procedures; and
(ii) The reassessment of my practice referred to in paragraph 3
above, will proceed after I provide the notice referred to in
(i) above.
(7) Monitoring
(a) I, Dr. Yau, undertake to inform the College of each and every
location where I practise or have privileges, including, but not
limited to, any hospitals, clinics, offices, and any Independent
Health Facilities with which I am affiliated, in any jurisdiction
(collectively my "Practice Location" or "Practice Locations"),
within five (5) days of executing this Undertaking. Going forward,
I further undertake to inform the College of any and all new
Practice Locations within five (5) days of commencing practice at
that location.
(b) I, Dr. Yau, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Locations and patient
charts by a College representative for the purposes of monitoring
my compliance with the provisions of this Undertaking.
(c) I, Dr. Yau, give my irrevocable consent to the College to make
appropriate enquiries of OHIP, and/or any person who or institution
that may have relevant information, in order for the College to
monitor my compliance with the provisions of this Undertaking.
(d) I, Dr. Yau, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "A".
C. ACKNOWLEDGEMENT
(8) I, Dr. Yau, acknowledge that all appendices attached to or referred to in
this Undertaking form part of this Undertaking.
(9) I, Dr. Yau, acknowledge and undertake that I shall be solely responsible
for payment of all fees, costs, charges, expenses, etc. arising from the
implementation of any of the provisions of this Undertaking.
(10) I, Dr. Yau, acknowledge that I have read and understand the provisions of
this Undertaking and that I have obtained independent legal counsel in
reviewing and executing this Undertaking, or have waived my right to do
so.
(11) I, Dr. Yau, acknowledge that the College will provide this Undertaking to
any Chief of Staff, or a colleague with similar responsibilities, at any
Practice Location ("Chief of Staff" or "Chiefs of Staff").
(12) I, Dr. Yau, acknowledge that a breach by me of any provision of this
Undertaking may constitute an act of professional misconduct and/or
incompetence, and may result in a referral of specified allegations to
the Discipline Committee.
(13) I, Dr. Yau, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(14) Public Register
(a) I, Dr. Yau, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Yau, acknowledge that, in addition to this Undertaking being
posted in accordance with section (14)(a) above, the following
summary shall be posted on the Public Register during the time
period that this Undertaking remains in effect:
As a result of a Specified Continuing Education or
Remediation Program ordered by the College, Dr. Yau was to
undergo a reassessment of his practice in the area of
Laparascopic Adjustable Gastric Banding. Dr. Yau has ceased
performing Laparascopic Adjustable Gastric Banding
procedures. As a result, Dr. Yau shall provide one hundred
and twenty (120) days' notice to the College of his intention
to resume Laparascopic Adjustable Gastric Banding and has
agreed to submit to a reassessment of his practice in
Laparascopic Adjustable Gastric Banding at that time. Further
information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca.
D. CONSENT
(15) I, Dr. Yau, give my irrevocable consent to the College to provide all
Chiefs of Staff with any information the College has that led to the
circumstances of my entering into this Undertaking and/or any information
arising from the monitoring of my compliance with this Undertaking.
(3 of 3)
As from 11:59 pm, April 12, 2017, by order of the Discipline Committee of the
College of Physicians and Surgeons of Ontario, the following terms, conditions
and limitations are imposed on the certificate of registration held by Dr.
Patrick Wing Nin Yau:
(i) Dr. Yau will not perform the revision surgery referred to as band over
bypass outside of a hospital setting;
(ii) Dr. Yau will meet in-person with patients who reside in the GTA for a
pre-surgical consultation in respect of gastric banding on a day that is
prior to surgery and will document the consultation. For patients that
reside outside the GTA, Dr. Yau will conduct a telephone consultation on
a day that is prior to surgery day and will document the consultation;
and
(iii) Dr. Yau will not act as a Medica1 Director of an Out-of-Hospital Premise
for a period of one (1) year.
Terms and conditions imposed on certificate by: Discipline Committee